Removal Orders
A removal order is one of the most serious actions that can be taken under Canada’s immigration laws. It represents a formal decision by the Canada Border Services Agency (CBSA) or the Immigration and Refugee Board (IRB) that a foreign national or permanent resident must leave Canada — either voluntarily or through enforcement.
There are different types of removal orders, each with distinct legal implications. Understanding what kind of removal order has been issued — and what options remain — is essential. While a removal order may seem like the end of the road, in many cases, it’s just the start of a new legal strategy.
Types of Removal Orders
1. Departure Order
Issued when someone has violated immigration conditions but is not considered a danger or flight risk.
🔹 Must leave Canada within 30 days and confirm departure with CBSA to avoid escalation.
🔹 If confirmed properly, the individual may return to Canada in the future with proper authorization.
2. Exclusion Order
Issued for more serious violations, such as misrepresentation or working/studying without authorization.
🔹 Bars re-entry to Canada for 1 year, or 5 years in cases of misrepresentation.
🔹 A Written Authorization to Return to Canada (ARC) is required if returning before the ban expires.
3. Deportation Order
The most serious type. Often issued to individuals with criminal inadmissibility, failed refugee claims, or after a breach of conditions.
🔹 Permanent bar from returning to Canada unless an ARC is granted.
🔹 Stays on file indefinitely and can affect all future applications unless resolved properly.
When Are Removal Orders Issued?
- After an inadmissibility finding by the IRB (criminality, misrepresentation, medical inadmissibility, etc.)
- Following a refused refugee claim or failed H&C application
- After violations of immigration conditions (e.g., overstaying a visa or breaching terms of a work/study permit)
- In some cases, CBSA officers issue them directly at ports of entry or following an inland investigation
The timing and execution of a removal order depend heavily on the facts of the case, any ongoing appeals, and whether a stay has been granted.
Can a Removal Order Be Appealed or Delayed?
Yes — but strict timelines and legal grounds apply. The route you take will depend on your immigration status and the type of removal order issued.
Permanent Residents and protected persons may appeal certain removal orders to the Immigration Appeal Division (IAD)
Judicial Review to the Federal Court may be an option if no appeal rights exist
Stays of removal can be requested if a person has a pending H&C application, Pre-Removal Risk Assessment (PRRA), or Federal Court matter
Removal can also be delayed for medical, logistical, or compassionate reasons, but these arguments must be documented and timely
Key Legal Considerations
- You must act fast. Timelines for appeal and judicial review are extremely tight — sometimes as little as 15 days.
- Removal orders are enforceable once they become effective (e.g., after appeal rights are exhausted).
- Ignoring a removal order can lead to an arrest warrant and negatively impact future applications.
- If you leave Canada under a removal order, you may need Written Authorization to Return (ARC) to ever re-enter, even with a valid visa.
- Submitting a stay request or H&C application does not automatically halt removal — you must request an official deferral from CBSA or a stay from the court.
Removal Order FAQ
Technically, yes — IRCC and CBSA are not obligated to delay removal while an H&C application is pending. However, if your application is well-documented and compelling, you can request a deferral of removal from CBSA. If they refuse, you may seek a stay of removal from the Federal Court, but you must act quickly and have solid legal grounds.
A Departure Order automatically becomes a Deportation Order if you fail to leave Canada within 30 days or don’t confirm departure with CBSA. You will now be subject to a lifetime bar, and you must apply for Authorization to Return to Canada (ARC) before any future visa or entry request is approved.
CBSA can issue an arrest warrant, detain you, and forcibly remove you. This will be logged in your immigration history and will severely impact your credibility and future admissibility. Proactive legal planning is far more effective than waiting for enforcement.
Possibly. If you’re eligible, a Pre-Removal Risk Assessment may be offered to assess whether your removal would expose you to persecution, torture, or risk to life. However, this option is only available under specific timelines and eligibility rules. It’s not automatic, and refusal of PRRA can result in immediate removal.
That depends on the type of order. For an Exclusion Order, you can usually return after 12 months (or 5 years for misrepresentation) — possibly earlier with ARC. For Deportation Orders, return is only possible with ARC, and approval is discretionary. The key is to leave Canada in compliance with the law and maintain records of departure.
How Can We Help
Canadian immigration laws can be complex and challenging. At Moshiri Immigration, our Regulated Canadian Immigration Consultants (RCIC) specialize in Canadian immigration law. We have successfully handled many spousal sponsorship applications, and we can help you too!
Our years of experience allow us to provide practical and straightforward advice, ensuring you get the results you want. From the moment you become a client at Moshiri Immigration, we guarantee that your case will be handled with the utmost professionalism and personal attention.
